Category Archives: human rights

deregulation, health, human rights, privacy, scope creep, surveillance, Tech, trust

Destination smart-cities: design, desire and democracy (Part two)

Smart cities: private reach in public space and personal lives

Smart-cities are growing in the UK through private investment and encroachment on public space. They are being built by design at home, and supported by UK money abroad, with enormous expansion plans in India for example, in almost 100 cities.

With this rapid expansion of “smart” technology not only within our living rooms but my living space and indeed across all areas of life, how do we ensure equitable service delivery, (what citizens generally want, as demonstrated by strength of feeling on the NHS) continues in public ownership, when the boundary in current policy is ever more blurred between public and private corporate ownership?

How can we know and plan by-design that the values we hope for, are good values, and that they will be embedded in systems, in policies and planning? Values that most people really care about. How do we ensure “smart” does not ultimately mean less good? That “smart” does not in the end mean, less human.

Economic benefits seem to be the key driver in current government thinking around technology – more efficient = costs less.

While using technology progressing towards replacing repetitive work may be positive, how will we accommodate for those whose skills will no longer be needed? In particular its gendered aspect, and the more vulnerable in the workforce, since it is women and other minorities who work disproportionately in our part-time, low skill jobs. Jobs that are mainly held by women, even what we think of as intrinsically human, such as carers, are being trialed for outsourcing or assistance by technology. These robots monitor people, in their own homes and reduce staffing levels and care home occupancy. We’ll no doubt hear how good it is we need fewer carers because after all, we have a shortage of care staff. We’ll find out whether it is positive for the cared, or whether they find it it less ‘human'[e]. How will we measure those costs?

The ideal future of us all therefore having more leisure time sounds fab, but if we can’t afford it, we won’t be spending more of our time employed in leisure. Some think we’ll simply be unemployed. And more people live in the slums of Calcutta than in Soho.

One of the greatest benefits of technology is how more connected the world can be, but will it also be more equitable?

There are benefits in remote sensors monitoring changes in the atmosphere that dictate when cars should be taken off the roads on smog-days, or indicators when asthma risk-factors are high.

Crowd sourcing information about things which are broken, like fix-my-street, or lifts out-of-order are invaluable in cities for wheelchair users.

Innovative thinking and building things through technology can create things which solve simple problems and add value to the person using the tool.

But what of the people that cannot afford data, cannot be included in the skilled workforce, or will not navigate apps on a phone?

How this dis-incentivises the person using the technology has not only an effect on their disappointment with the tool, but the service delivery, and potentially wider still even to societal exclusion or stigma.These were the findings of the e-red book in Glasgow explained at the Digital event in health, held at the King’s Fund in summer 2015.

Further along the scale of systems and potential for negative user experience, how do we expect citizens to react to finding punishments handed out by unseen monitoring systems, finding out our behaviour was ‘nudged’ or find decisions taken about us, without us?

And what is the oversight and system of redress for people using systems, or whose data are used but inaccurate in a system, and cause injustice?

And wider still, while we encourage big money spent on big data in our part of the world how is it contributing to solving problems for millions for whom they will never matter? Digital and social media makes increasingly transparent our one connected world, with even less excuse for closing our eyes.

Approximately 15 million girls worldwide are married each year – that’s one girl, aged under 18, married off against her will every two seconds. [Huff Post, 2015]

Tinder-type apps are luxury optional extras for many in the world.

Without embedding values and oversight into some of what we do through digital tools implemented by private corporations for profit, ‘smart’ could mean less fair, less inclusive, less kind. Less global.

If digital becomes a destination, and how much it is implemented is seen as a measure of success, by measuring how “smart” we become risks losing sight of seeing technology as solutions and steps towards solving real problems for real people.

We need to be both clever and sensible, in our ‘smart’.

Are public oversight and regulation built in to make ‘smart’ also be safe?

If there were public consultation on how “smart” society will look would we all agree if and how we want it?

Thinking globally, we need to ask if we are prioritising the wrong problems? Are we creating more tech that we already have invented solutions for place where governments are willing to spend on them? And will it in those places make the society more connected across class and improve it for all, or enhance the lives of the ‘haves’ by having more, and the ‘have-nots’ be excluded?

Does it matter how smart your TV gets, or carer, or car, if you cannot afford any of these convenient add-ons to Life v1.1?

As we are ever more connected, we are a global society, and being ‘smart’ in one area may be reckless if at the expense or ignorance of another.

People need to Understand what “Smart” means

“Consistent with the wider global discourse on ‘smart’ cities, in India urban problems are constructed in specific ways to facilitate the adoption of “smart hi-tech solutions”. ‘Smart’ is thus likely to mean technocratic and centralized, undergirded by alliances between the Indian government and hi-technology corporations.”  [Saurabh Arora, Senior Lecturer in Technology and Innovation for Development at SPRU]

Those investing in both countries are often the same large corporations. Very often, venture capitalists.

Systems designed and owned by private companies provide the information technology infrastructure that i:

‘the basis for providing essential services to residents. There are many technological platforms involved, including but not limited to automated sensor networks and data centres.’

What happens when the commercial and public interest conflict and who decides that they do?

Decision making, Mining and Value

Massive amounts of data generated are being mined for making predictions, decisions and influencing public policy: in effect using Big Data for research purposes.

Using population-wide datasets for social and economic research today, is done in safe settings, using deidentified data, in the public interest, and has independent analysis of the risks and benefits of projects as part of the data access process.

Each project goes before an ethics committee review to assess its considerations for privacy and not only if the project can be done, but should be done, before it comes for central review.

Similarly our smart-cities need ethics committee review assessing the privacy impact and potential of projects before commissioning or approving smart-technology. Not only assessing if they are they feasible, and that we ‘can’ do it, but ‘should’ we do it. Not only assessing the use of the data generated from the projects, but assessing the ethical and privacy implications of the technology implementation itself.

The Committee recommendations on Big Data recently proposed that a ‘Council of Data Ethics’ should be created to explicitly address these consent and trust issues head on. But how?

Unseen smart-technology continues to grow unchecked often taking root in the cracks between public-private partnerships.

We keep hearing about Big Data improving public services but that “public” data is often held by private companies. In fact our personal data for public administration has been widely outsourced to private companies of which we have little oversight.

We’re told we paid the price in terms of skills and are catching up.

But if we simply roll forward in first gear into the connected city that sees all, we may find we arrive at a destination that was neither designed nor desired by the majority.

We may find that the “revolution, not evolution”, hoped for in digital services will be of the unwanted kind if companies keep pushing more and more for more data without the individual’s consent and our collective public buy-in to decisions made about data use.

Having written all this, I’ve now read the Royal Statistical Society’s publication which eloquently summarises their recent work and thinking. But I wonder how we tie all this into practical application?

How we do governance and regulation is tied tightly into the practicality of public-private relationships but also into deciding what should society look like? That is what our collective and policy decisions about what smart-cities should be and may do, is ultimately defining.

I don’t think we are addressing in depth yet the complexity of regulation and governance that will be sufficient to make Big Data and Public Spaces safe because companies say too much regulation risks choking off innovation and creativity.

But that risk must not be realised if it is managed well.

Rather we must see action to manage the application of smart-technology in a thoughtful way quickly, because if we do not, very soon, we’ll have lost any say in how our service providers deliver.

*******

I began my thoughts about this in Part one, on smart technology and data from the Sprint16 session and after this (Part two), continue to look at the design and development of smart technology making “The Best Use of Data” with a UK company case study (Part three) and “The Best Use of Data” used in predictions and the Future (Part four).

care.data, engagement, human rights, National Pupil Database, NHS England, privacy

Commission on Freedom of Information: submission

Since it appears that the Independent Commission on Freedom of Information [FOI] has not published all of the received submissions, I thought I’d post what I’d provided via email.

I’d answered two of the questions with two case studies. The first on application of section 35 and 36 exemptions and the safe space. The second on the proposal for potential charges.

On the Commission website, the excel spreadsheet of evidence submitted online, tab 2 notes that NHS England asked belatedly for its submission be unpublished.

I wonder why.

Follow up to both these FOI requests are now long overdue in 2016. The first from NHS England for the care.data decision making  behind the 2015 decision not to publish a record of whether part of the board meetings were to be secret. Transparency needs to be seen in action, to engender public trust. After all, they’re deciding things like how care.data and genomics will be at the “heart of the transformation of the NHS.”

The second is overdue at the Department for Education on the legal basis for identifiable sensitive data releases from the National Pupil Database that meets Schedule 3 of the Data Protection Act 1998 to permit this datasharing with commercial third parties.

Both in line with the apparently recommended use of FOI
according to Mr. Grayling who most recently said:

“It is a legitimate and important tool for those who want to understand why and how Government is taking decisions and it is not the intention of this Government to change that”.  [Press Gazette]

We’ll look forward to see whether that final sentence is indeed true.

*******

Independent Commission on Freedom of Information Submission
Question 1: a) What protection should there be for information relating to the internal deliberations of public bodies? b) For how long after a decision does such information remain sensitive? c) Should different protections apply to different kinds of information that are currently protected by sections 35 and 36?

A “safe space” in which to develop and discuss policy proposals is necessary. I can demonstrate where it was [eventually] used well, in a case study of a request I made to NHS England. [1]

The current protection afforded to the internal deliberations of public bodies are sufficient given section 35 and 36 exemptions. I asked in October 2014 for NHS England to publish the care.data planning and decision making for the national NHS patient data extraction programme. This programme has been controversial [2]. It will come at great public expense and to date has been harmful to public and professional trust with no public benefit. [3]

NHS England refused my request based on Section 22 [intended for future publication]. [4] However ten months later the meeting minutes had never been published. In July 2015, after appeal, the Information Commissioner issued an Information Notice and NHS England published sixty-three minutes and papers in August 2015.

In these released documents section 36 exemption was then applied to only a tiny handful of redacted comments. This was sufficient to protect the decisions that NHS England had felt to be most sensitive and yet still enable the release of a year’s worth of minutes.

Transparency does not mean that difficult decisions cannot be debated since only outcomes and decisions are recorded, not every part of every discussion verbatim.

The current provision for safe space using these exemptions is effective and in this case would have been no different made immediately after the meeting or one and a half years later.  If anything, publication sooner may have resulted in better informed policy and decision making through wider involvement from professionals and civil society.  The secrecy in the decision making did not build trust.

When policies such as these are found to have no financial business cost-benefit case for example, I believe it is strongly in the public interest to have transparency of these facts, to scrutinise the policy governance in the public interest to enable early intervention when seen to be necessary.
In the words of the Information Commissioner:



“FOIA can rightly challenge and pose awkward questions to public authorities. That is part of democracy. However, checks and balances are needed to ensure that the challenges are proportionate when viewed against all the other vital things a public authority has to do.

“The Commissioner believes that the current checks and balances in the legislation are sufficient to achieve this outcome.” [5]

Given that most public bodies, including NHS England’s Board, routinely publish its minutes this would seem a standard good practice to be expected and I believe routine publication of meeting minutes would have raised trustworthiness of the programme and its oversight and leadership.

The same section 36 exemption could have been applied from the start to the small redactions that were felt necessary balanced against the public interest of open and transparent decision making.

I do not believe more restrictive applications should be made than are currently under sections 35 and 36.

_____________________________________________________________________

Question 6: Is the burden imposed on public authorities under the Act justified by the public interest in the public’s right to know? Or are controls needed to reduce the burden of FoI on public authorities?

As an individual I made 40 requests of schools and 2 from the Department for Education which may now result in benefit for 8 million children and their families, as well as future citizens.

The transparency achieved through these Freedom of Information requests will I hope soon transform the culture at the the Department for Education from one of secrecy to one of openness.

There is the suggestion that a Freedom of Information request would incur a charge to the applicant.

I believe that the benefits of the FOI Act in the public interest outweigh the cost of FOI to public authorities.  In this second example [6], I would ask the Commission to consider if I had not been able to make these Freedom of Information requests due to cost, and therefore I was not able to present evidence to the Minister, Department, and the Information Commissioner, would the panel members support the secrecy around the ongoing risk that current practices pose to children and our future citizens?

Individual, identifiable and sensitive pupil data are released to third parties from the National Pupil Database without telling pupils, parents and schools or their consent. This Department for Education (DfE) FOI request aimed to obtain understanding of any due diligence and the release process: privacy impact and DfE decision making, with a focus on its accountability.

This was to enable transparency and scrutiny in the public interest, to increase the understanding of how our nation’s children’s personal data are used by government, commercial third parties, and even identifiable and sensitive data given to members of the press.

Chancellor Mr. Osborne spoke on November 17 about the importance of online data protection: 


“Each of these attacks damages companies, their customers, and the public’s trust in our collective ability to keep their data and privacy safe.”[…] “Imagine the cumulative impact of repeated catastrophic breaches, eroding that basic faith… needed for our online economy & social life to function.”

Free access to FOI enabled me as a member of the public to ask and take action with government and get information from schools to improve practices in the broad public interest.

If there was a cost to this process I could not afford to ask schools to respond.  Schools are managed individually, and as such I requested the answer to the question; whether they were aware of the National Pupil Database and how the Department shared their pupils’ data onwardly with third parties.

I asked a range of schools in the South and East. In order to give a fair picture of more than one county I made requests from a range of types of school – from academy trusts to voluntary controlled schools – 20 primary and 20 secondary.  Due to the range of schools in England and Wales [7] this was a small sample.

Building even a small representative picture of pupil data privacy arrangements in the school system therefore required a separate request to each school.

I would not have been able to do this, had there been a charge imposed for each request.  This research subsequently led me to write to the Information Commissioner’s Office, with my findings.

Were this only to be a process that access costs would mean organisations or press could enter into due to affordability, then the public would only be able to find out what matters or was felt important to those organisations, but not what matters to individuals.

However what matters to one individual might end up making a big difference to many people.

Individuals may be interested in what are seen as minority topics, perhaps related to discrimination according to gender, sexuality, age, disability, class, race or ethnicity.  If individuals cannot afford to  challenge government policies that matter to them as an individual, we may lose the benefit that they can bring when they go on to champion the rights of more people in the country as a whole.

Eight million children’s records, from children aged 2-19 are stored in the National Pupil Database. I hope that due to the FOI request increased transparency and better practices will help restore their data protections for individuals and also re-establish organisational trust in the Department.

Information can be used to enable or constrain citizenship. In order to achieve universal access to human rights to support participation, transparency and accountability, I appeal that the Commission recognise the need for individuals to tackle vested interests, unjust laws and policies.

Any additional barriers such as cost, only serve to reduce equality and make society less just. There is however an immense intangible value in an engaged public which is hard to measure. People are more likely to be supportive of public servant decision making if they are not excluded from it.

Women for example are underrepresented in Parliament and therefore in public decision making. Further, the average gap within the EU pay is 16 per cent, but pay levels throughout the whole of Europe differ hugely, and in the South East of the UK men earn 25 per cent more than their female counterparts. [8]  Women and mothers like me may therefore find it more difficult to participate in public life and to make improvements on behalf of other families and children across the country.

To charge for access to information about our public decision making process could therefore be excluding and discriminatory.

I believe these two case studies show that the Act’s intended objectives, on parliamentary introduction — to ‘transform the culture of Government from one of secrecy to one of openness’; ‘raise confidence in the processes of government, and enhance the quality of decision making by Government’; and to ‘secure a balance between the right to information…and the need for any organisation, including Government, to be able to formulate its collective policies in private’ — work in practice.

If anything, they need strengthened to ensure accessibility.

Any actions to curtail free and equal access to these kinds of information would not be in the public interest and a significant threat to the equality of opportunity offered to the public in making requests. Charging would particularly restrict access to FOI for poorer individuals and communities who are often those already excluded from full public participation in public life.
___________________________________________________________________________

[1] https://www.whatdotheyknow.com/request/caredata_programme_board_minutes
[2] http://www.theguardian.com/society/2014/dec/12/nhs-patient-care-data-sharing-scheme-delayed-2015-concerns
[3] http://www.statslife.org.uk/news/1672-new-rss-research-finds-data-trust-deficit-with-lessons-for-policymakers
[4] https://jenpersson.com/wp-content/uploads/2015/11/caredataprogramme_FOI.pdf
[5] https://ico.org.uk/media/about-the-ico/consultation-responses/2015/1560175/ico-response-independent-commission-on-freedom-of-information.pdf
[6] https://jenpersson.com/wp-content/uploads/2015/11/NPD_FOI_submissionv3.pdf
[7] http://www.newschoolsnetwork.org/sites/default/files/Comparison%20of%20school%20types.pdf
[8] http://www.equalpayportal.co.uk/statistics/

family, human rights, National Pupil Database, politics, privacy, surveillance, Tech, transparency, trust

Monitoring software in schools: the Department for Education’s digital dream or nightmare? (2)

“Children do not lose their human rights by virtue of passing through the school gates” (UN Committee on the Rights of the Child, General Comment on ‘The aims of education’, 2001).

The Digital Skills in Schools inquiry [1] is examining the gap in education of our children to enable them to be citizens fit for the future.

We have an “educational gap” in digital skills and I have suggested it should not be seen only as functional or analytical, but should also address a gap in ethical skills and framework to equip our young people to understand their digital rights, as well as responsibilities.

Children must be enabled in education with opportunity to understand how they can grow “to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity”. [2]

Freedom to use the internet in privacy does not mean having to expose children to risks, but we should ask, are there ways of implementing practices which are more proportionate, and less intrusive than monitoring and logging keywords [3] for every child in the country? What problem is the DfE trying to solve and how?

Nicky Morgan’s “fantastic” GPS tracking App

The second technology tool Nicky Morgan mentioned in her BETT speech on January 22nd, is an app with GPS tracking and alerts creation. Her app verdict was “excellent” and “fantastic”:

“There are excellent examples at the moment such as the Family First app by Group Call. It uses GPS in mobile phones to help parents keep track of their children’s whereabouts, allowing them to check that they have arrived safely to school, alerting them if they stray from their usual schedule.” [4]

I’m not convinced tracking every child’s every move is either excellent or fantastic. Primarily because it will foster a nation of young people who feel untrusted, and I see a risk it could create a lower sense of self-reliance, self-confidence and self-responsibility.

Just as with the school software monitoring [see part one], there will be a chilling effect on children’s freedom if these technologies become the norm. If you fear misusing a word in an online search, or worry over stigma what others think, would you not change your behaviour? Our young people need to feel both secure and trusted at school.

How we use digital in schools shapes our future society

A population that trusts one another and trusts its government and organisations and press, is vital to a well functioning society.

If we want the benefits of a global society, datasharing for example to contribute to medical advance, people must understand how their own data and digital footprint fits into a bigger picture to support it.

In schools today pupils and parents are not informed that their personal confidential data are given to commercial third parties by the Department for Education at national level [5]. Preventing public engagement, hiding current practices, downplaying the risks of how data are misused, also prevents fair and transparent discussion of its benefits and how to do it better. Better, like making it accessible only in a secure setting not handing data out to Fleet Street.

For children this holds back public involvement in the discussion of the roles of technology in their own future. Fear of public backlash over poor practices must not hold back empowering our children’s understanding of digital skills and how their digital identity matters.

Digital skills are not shorthand for coding, but critical life skills

Skills our society will need must simultaneously manage the benefits to society and deal with great risks that will come with these advances in technology; advances in artificial intelligence, genomics, and autonomous robots, to select only three examples.

There is a glaring gap in their education how their own confidential personal data and digital footprint fit a globally connected society, and how they are used by commercial business and third parties.

There are concerns how apps could be misused by others too.

If we are to consider what is missing in our children’s preparations for life in which digital will no longer be a label but a way of life, then to identify the gap, we must first consider what we see as whole.

Rather than keeping children safe in education, as regards data sharing and digital privacy, the DfE seems happy to keep them ignorant. This is no way to treat our young people and develop their digital skills, just as giving their data away is not good cyber security.

What does a Dream for a  great ‘digital’ Society look like?

Had Martin Luther King lived to be 87 he would have continued to inspire hope and to challenge us to fulfill his dream for society – where everyone would have an equal opportunity for “life, liberty and the pursuit of happiness.”

Moving towards that goal, supported with technology, with ethical codes of practice, my dream is we see a more inclusive, fulfilled, sustainable and happier society. We must educate our children as fully rounded digital and data savvy individuals, who trust themselves and systems they use, and are well treated by others.

Sadly, introductions of these types of freedom limiting technologies for our children, risk instead that it may be a society in which many people do not feel comfortable, that lost sight of the value of privacy.

References:

[1] Digital Skills Inquiry: http://www.parliament.uk/business/committees/committees-a-z/commons-select/science-and-technology-committee/inquiries/parliament-2015/digital-skills-inquiry-15-16/

[2] UN Convention of the Rights of the Child

[3] Consultation: Keeping Children Safe in Education – closing Feb 16thThe “opportunities to teach safeguarding” section (para 77-78) has been updated and now says governing bodies and proprieties “should ensure” rather than “should consider” that children are taught about safeguarding, including online, through teaching and learning opportunities.

The Consultation Guidance: most relevant paragraphs 75 and 77 p 22

[4] Nicky Morgan’s full speech at BETT

[5] The defenddigitalme campaign to ask the Department forEducation to change practices and policy around The National Pupil Database

 

 

activism, human rights, words

The last steps to safety: helping refugees in transit to Germany. Stories from border town volunteers.

As European leaders meet for the sixth time this year to talk about what to do about refugees, people on the ground are getting stuff done.

Freilassing Hilft, a collaboration of volunteers founded through four friends and a Facebook group eight weeks ago, feeds 1500 different people every day, who pass through the small border town in Germany.

“We’re expecting another 700 more this evening,” Rolf said, volunteering with the separate and long-established charity Caritas at Salzburg’s main station on the other side of the border.

Two “special” trains arrive daily from the south, from Vienna.

Individual men, women and children have become a package – ‘ die Flüchtlinge‘ – refugees – who arrive en masse. From the platforms they are escorted by police and young military service soldiers to segregated areas in the fluorescent lit station concourse.

There they wait.  Standing in an orderly narrow queue between cold aluminum crowd control barriers near the exit at the back of the station.

Chatting and relaxed at both ends of the line, a dozen heavily armed police supervise passing these people on. Dark navy uniforms stand out against the reflective white flooring. Big boots and bigger guns don’t seem a very friendly way to greet up to 1500 people a day who have left behind violence and conflict, with only the possessions they can carry; each with a small rucksack, some with small children.  The children look as mine would after travelling; a little fraught, bewildered and awake in harsh neon at night, when they should be asleep. Most but not all, clinging to a trusted parent. And no crying.

One teen is wandering on her own, looking a little lost, drowning in a turquoise terry towelling  dressing gown that’s too big. I wonder what her story is.

Along the ‘safety’ barricade, white vested volunteers weave back and forth holding out plastic bags of cheese sandwiches and drinks. “Hold them up high,” says Rolf waving 500ml water bottles in the air in his blue, disposable-gloved hands. “If they want them they’ll reach out and take them, you don’t need to say anything.”

There is calm and quiet. There are no words. Tense and tired looking faces nod respectfully to volunteers in appreciation of support. And still they wait for the special buses laid on to bring them across the Austrian-German border, to the small town of Freilassing, seven kilometres away. They will soon be in Germany.

Refugees can only cross the border on these supervised buses. Refugees aren’t allowed on the regular trains from Salzburg any more at all.

Special buses get driven discretely between Salzburg and Freilassing, often in the dark. The town of 16,000 inhabitants has been the checkpoint entry for numbers equivalent to about a tenth of its own population every day since the end of August.

From Freilassing special trains are onwardly coordinated by the Bundesbahn to take the refugees to a scattering of cities across the country. The refugees don’t get told where they are going. That’s deliberate,  said local volunteer, eighteen year-old Jana on the platform in Germany the next morning. She’s the deputy leader of the volunteer group Freilassing Hilft, an organisation founded through four friends’ collaboration in a Facebook group just 8 weeks ago, to give refugees support in transit.

“Some people have specific places they want to reach”, she explained. “They may have family members who they know are in Hamburg for example, and only want to get sent there. It could be upsetting to find they’re being sent somewhere else.”

Berlin, Magdeburg, they’ve been widely distributed, but few helpers know exactly where either.

While most refugees transfer directly from the Austrian buses to German train after registration checks and getting lunch bags from local volunteers, if a train isn’t due straight away they are bussed less than mile away to the Sägewerkstraße centre where they will stay no longer than 24 hours.

Those people who have not yet been registered by police – under tarpaulin awnings on the station platform, or on the bridge the Saarlachbrucke crossing point thirty at a time – go through the registration process at the centre.

In the dry and protected space the men, women and children get some respite, from the weather at least. Donations of winter clothes and shoes are distributed by Caritas volunteers and Freilassing Hilft to those who need them. Medics and professional volunteers can care for health needs. So close to their destination, it can be tense.

Sixty-four year old Kunnikunde joined the Caritas volunteer group in October. A group staffed mainly by pensioners since the students have returned to their studies. She helps distribute the donated clothing inside the former furniture showroom. “Helping them, seeing them smile, afterwards when it is over it is a great feeling, like running a marathon”, she said.

It’s not the same for everyone who works inside though. For the professionals who have been helping for longer, this intensive support is taking its toll. “I see dark faces in my dreams,” one told me. “I can’t forget them.” He sighed, clapped me on the shoulder, as if giving me some sign of solidarity in spirit. I wondered what support he needs and feels able to take, as he gives to others. He pulled on blue plastic gloves each with a professional snap, and went back inside.

The vast building is shut to other outsiders. It has no windows. Security teams patrol the barrier lines, marked off with tape and supported by local police. Whether it’s more to keep people from getting out or others getting in, I’m not sure.

It is not overstatement to say this is the biggest humanitarian disaster Europe has seen since the Second World War and Germany seventy years on, is again redistributing people fleeing war and its effects. As a border town, people in Freilassing have had plenty of experience.

Local feeling is mixed, says Jana. “We have three shifts,” she explained. “All together in the last five weeks we had probably 450 volunteers come and help us. And we get on well with the other organisations. We all work well together, the relationship with the police is very pleasant. But we certainly need to watch that the [public] mood doesn’t change.”

Since I met her two weeks ago, that number has rocketed to over two thousand individuals helping out, some coming to help from miles away.

Their organised management of community spirit is exemplary. They’ve channelled local people wanting to help, into actual donations and distribution of food and drink. An empty concrete floored shell of a shop-under-renovation is their base opposite the station to accept regular donations of thousands of apples, bananas, cereal bars, water, and sandwiches. Volunteers take shifts in the unheated room and bag up packed lunches for distribution to refugees arriving off  the buses. The group has borrowed a handful of supermarket trolleys to take supplies across the road.

Today’s “wish list” on Facebook:

– men’s winter shoes sizes 6+
– Bananas
– White rolls
– Still mineral water 0,5l
– children’s drinks 0,2l
– drawing things
– Babyshoes sizes 19-22
– Baby milk and bottles

“This shift is simply packing the lunch bags for a couple of hours, and we get lots of people if we put out a call,”  Jana explained when I asked how they get hold of what they need. “We can say, we need bananas, and after two hours we have sixteen crates of fruit and then people come along saying, but you have loads, you’re hoarding it. Other times we have nothing and need to use cash donations to buy everything ourselves. Last week we had to go twice a day to the supermarket, but we can’t go to Aldi anymore and just buy up all their stock. We need to pre-order and what we need can change in a matter of minutes. It’s hard to plan with.”

It’s an impressive set up by students who decided they could not simply stand by and do nothing. As we chat two more volunteers come along to register for shifts and Margret, a local mother of three, drops in a huge crate of apples from her orchard.

“What else can we do?” she asks. “You can’t just leave these people with nothing. Unless they felt forced to, they wouldn’t leave. There are families, and young children who are scared, and alone, and they need our help.”

One recent good news story Jana told me, had everyone in tears.

The police helped an asylum seeking Syrian husband in the north of Germany to go south again and reach Freilassing when he heard his wife had managed to escape the war zone one year after he had. Police had escorted him to the Sägewerkstraße, the building now known by the name of its street; enormous open plan furniture warehouse space donated by a local landowner as a staging post for the refugees’ journey. Meeting his wife after a year and two tortuous journeys apart was an emotional experience for them both, as well as all the Caritas charity and Red Cross staff involved. The asylum seeking couple were able to leave together and returned to his new home in the north. A rare good news story. Not all refugees find family or complete the journey safely with family they set out with. Not all refugees are from Syria, and some have traveled for up to two years before this last step to what they hope will be safety.

At the Austrian-German border police now check the ordinary vehicles passing through and ask for papers, a return of the border controls that had been removed in the Schengen agreement. A recent change which taxi driver Andreas is starting to feel has become too much of a burden on residents.

“For our children, or our children’s children, what is the future going to look like? We’ve got our own problems. Poverty, housing the elderly, and there never seems to be money to fix it. But suddenly for refugees, the money’s there.”

That Saturday saw two demonstrations.

One crowd called for support of the border towns, such as Freilassing, just as for the organisations and supporters who are engaging themselves in the work with the refugees. The Caritas Director Pralat Hans Lindenberger said that the refugees also needed to be shared fairly across the German states, as quickly and fairly as possible.

In the counter demonstration many of the attendees were brought in from different parts of Germany, says Jana, with few locals from far right and recognised Nazi organisations.

Supporters are however still signing up to help. While the number of refugees seeking asylum usually falls in winter as seas become more dangerous, this shows no sign of change yet despite or because of the reportedly cut rate crossings offered by the human traffickers.

Others are getting involved to help but to the volunteers it seems ad hoc. This Telekom portal launched today offering multi-lingual support. Long term volunteers will welcome the support tools for the refugees and their own staff.

Helpers and organisations are all calling for central government support.

In the short term, as winter snows may arrive soon, broader cooperation of nation states at government level in funding and manpower is needed in a consistent collaborative approach, as embodied by the Freilassing organisations in the microcosm of the Austrian-German border.

“Basically”, says the Red Cross volunteer, “all our leaders need to lead. Not only ours.”

Everyone is calling for greater leadership from not only the German government and more from Austria, but a collaboration including the UK. When I said I’m from the UK, they laughed. Since Germany takes the same number a day in this small town, as we might in two months time, I’m not surprised.

Austrian ‘support’ is also felt to be cursory, simply passing people on to Germany. No one knows how long goodwill in Freilassing can last. But volunteer numbers still say, ‘refugees welcome.’

Winter has begun. Although more support has been announced it is as yet unclear to the volunteers what it will offer where.

Unless there is safe passage to travel, and shelter at the point of arrival and all along ‘the route of Hope’ from Greece to Germany, the volunteers in Freilassing won’t help as many people as they do today, including the hundreds of unaccompanied children.

In the Alpine cold, many of them will simply never reach the border at all.

This UK response is not enough, not in this Parliament or even next year.

As political leaders prepare to meet in Malta to discuss measures to stem the flow of migrants and refugees from Africa to Europe,  I think of Rolf’s words, “you don’t need to say anything.”  But we do.

We need to speak up, so they hear a million voices of migrants. Speak up so that our leaders know they have the support of many people who want a more positive proactive approach in our population, but are not as vocal as the anti-immigration crowds. Speak up for the children who are still to set sail.

Any further border control agreements must put respect for human rights at their heart, not put more barriers in the way of people migrating or those getting on with grassroots practical support. Leaders must enable refugee routes to safety, and condemn those placing these people in more harm.

These people are survivors. They have not walked there, seen loved ones drown, given up all they know, for the joy of voluntourism. People in Germany laughed at our government’s commitment to take our share of people. It’s the only laugh I’ve heard recently in relation to refugee support.

As Kunnikunde said,“We have big hearts, but our generosity cannot go on forever. We all need to do this together.”

*****
*****

If you want to help make a difference and support refugees through volunteers at the organisation Freilassing Hilft (Freilassing Helps) you can make a regular or one-off donation. This enables them to buy stock according to need and in line with what donors have already provided.

Donations care of the charity:
Verein Europäischer Zwillings- und Mehrlingsfamilien e. V.
Account: VR RB Oberbayern Südost
IBAN: DE 787 109 000 000 002 310 45
BIC: GENODEF1BGL
Purpose: “FreilassingHilft”
The purpose is important so that “FreilassingHilft” gets the donation.

For a receipt of your donation, email: [email protected]. More information: see their Facebook group.

OR consider the Red Cross or the long established local Caritas.

Thank you.

justice payment

Foto credit and story supported by Freilassing Hilft

#caredata, care.data, confidentiality, consent, human rights, National Pupil Database, politics, pupils, surveillance, Tech, transparency, trust

Parliament’s talking about Talk Talk and Big Data, like some parents talk about sex. Too little, too late.

Parliament’s talking about Talk Talk and Big Data, like some parents talk about sex ed. They should be discussing prevention and personal data protection for all our personal data, not just one company, after the event.

Everyone’s been talking about TalkTalk and for all the wrong reasons. Data loss and a 15-year-old combined with a reportedly reckless response to data protection, compounded by lack of care.

As Rory Cellan-Jones wrote [1] rebuilding its reputation with customers and security analysts is going to be a lengthy job.

In Parliament Chi Onwarah, Shadow Minister for Culture & the Digital Economy, summed up in her question, asking the Minister to acknowledge “that all the innovation has come from the criminals while the Government sit on their hands, leaving it to businesses and consumers to suffer the consequences?”  [Hansard 2]

MPs were concerned for the 4 million* customers’ loss of name, date of birth, email, and other sensitive data, and called for an inquiry. [It may now be fewer*.] [3] The SciTech committee got involved too.

I hope this means Parliament will talk about TalkTalk not as the problem to be solved, but as one case study in a review of contemporary policy and practices in personal data handling.

Government spends money in data protection work in the [4] “National Cyber Security Programme”. [NCSP] What is the measurable outcome – particularly for TalkTalk customers and public confidence – from its £860M budget?  If you look at the breakdown of those sums, with little going towards data protection and security compared with the Home Office and Defence, we should ask if government is spending our money in an appropriately balanced way on the different threats it perceives. Keith Vaz suggested British companies that lose £34 billion every year to cybercrime. Perhaps this question will come into the inquiry.

This all comes after things have gone wrong.  Again [5]. An organisation we trusted has abused that trust by not looking after data with the stringency that customers should be able to expect in the 21st century, and reportedly not making preventative changes, apparent a year ago. Will there be consequences this time?

The government now saying it is talking about data protection and consequences, is like saying they’re talking sex education with teens, but only giving out condoms to the boys.

It could be too little too late. And they want above all to avoid talking about their own practices. Let’s change that.

Will this mean a review to end risky behaviour, bring in change, and be wiser in future?

If MPs explore what the NCSP does, then we the public, should learn more about what government’s expectations of commercial companies is in regards modern practices.

In addition, any MPs’ inquiry should address government’s own role in its own handling of the public’s personal data. Will members of government act in a responsible manner or simply tell others how to do so?

Public discussion around both commercial and state use of our personal data, should mean genuine public engagement. It should involve a discussion of consent where necessary for purposes  beyond those we expect or have explained when we submit our data, and there needs to be a change in risky behaviour in terms of physical storage and release practices, or all the talk, is wasted.

Some say TalkTalk’s  practices mean they have broken their contract along with consumer trust. Government departments should also be asking whether their data handling would constitute a breach of the public’s trust and reasonable expectations.

Mr Vaizey should apply his same logic to government handling data as he does to commercial handling. He said he is open to suggestions for improvement. [6]

Let’s not just talk about TalkTalk.

    • Let’s Talk Consequences: organisations taking risk seriously and meaningful consequences if not [7]
    • Let’s Talk Education: the education of the public on personal data use by others and rights and responsibilities we have [8]
    • Let’s Talk Parliament’s Policies and Practices: about its own complementary lack of data  understanding in government and understand what good practice is in physical storage, good governance and transparent oversight
    • Let’s Talk Public Trust: and the question whether government can be trusted with public data it already has and whether its current handling makes it trustworthy to take more [9]

Vaizey said of the ICO now in his own department: “The Government take the UK’s cyber-security extremely seriously and we will continue to do everything in our power to protect organisations and individuals from attacks.”

“I will certainly meet the Information Commissioner to look at what further changes may be needed in the light of this data breach. [..] It has extensive powers to take action and, indeed, to levy significant fines. “

So what about consequences when data are used in ways the public would consider a loss, and not through an attack or a breach, but government policy? [10]

Let’s Talk Parliament’s Policies and Practices

Commercial companies are not alone in screwing up the use and processing [11] management of our personal data. The civil service under current policy seems perfectly capable of doing by itself. [12]

Government data policy has not kept up with 21st century practices and to me seems to work in the dark, as Chi Onwarah said,

‘illuminated by occasional flashes of incompetence.’

This incompetence can risk harm to people’s lives, to business and to public confidence.

And once given, trust would be undermined by changing the purposes or scope of use for which it was given, for example as care.data plans to do after the pilot. A most risky idea.

Trust in these systems, whether commercial or state, is crucial. Yet reviews which highlight this, and make suggestions to support trust such as ‘data should never be (and currently is never) released with personal identifiers‘ in The Shakespeare Review have been ignored by government.

Where our personal data are not used well in government departments by the department themselves, they seem content to date to rely on public ignorance to get away with current shoddy practices.

Practices such as not knowing who all your customers are, because they pass data on to others. Practices, such as giving individual level identifiable personal data to third parties without informing the public, or asking for consent. Practices, such as never auditing or measuring any benefit of giving away others personal data.

“It is very important that all businesses, particularly those handling significant amounts of sensitive customer data, have robust procedures in place to protect those data and to inform customers when there may have been a data breach.” Ed Vaizey, Oct 26th, HOC

If government departments prove to be unfit to handle the personal data we submit in trust to the state today, would we be right to trust them with even more?

While the government is busy wagging fingers at commercial data use poor practices, the care.data debacle is evidence that not all its MPs or civil service understand how data are used in commercial business or through government departments.

MPs calling for commercial companies to sharpen up their data protection must understand how commercial use of data often piggy-backs the public use of our personal data, or others getting access to it via government for purposes that were unintended.

Let’s Talk Education

If the public is to understand how personal data are to be kept securely with commercial organisations, why should they not equally ask to understand how the state secures their personal data? Educating the public could lead to better engagement with research, better understanding of how we can use digital services and a better educated society as a whole. It seems common sense.

At a recent public event [13],  I asked civil servants talking about big upcoming data plans they announced, linking school data with more further education and employment data, I asked how they planned to involve the people whose data they would use. There was no public engagement to mention. Why not? Inexcusable in this climate.

Public engagement is a matter of trust and developing understanding in a relationship. Organisations must get this right.[14]

If government is discussing risky practices by commercial companies, they also need to look closer to home and fix what is broken in government data handling where it exposes us to risk through loss of control of our personal data.

The National Pupil Database for example, stores and onwardly shares identifiable individual sensitive data of at least 8m children’s records from age 2 -19. That’s twice as big as the TalkTalk loss was first thought to be.

Prevention not protection is what we should champion. Rather than protection after the events,  MPs and public must demand emphasis on prevention measures in our personal data use.

This week sees more debate on how and why the government will legislate to have more powers to capture more data about all the people in the country. But are government policy, process and practices fit to handle our personal data, what they do with it and who they give it to?

Population-wide gathering of data surveillance in any of its many forms is not any less real just because you don’t see it. Children’s health, schools, increases in volume of tax data collection. We don’t discuss enough how these policies can be used every day without the right oversight. MPs are like the conservative parents not comfortable talking to their teens about sleeping with someone. Just because you don’t know, it doesn’t mean they’re not doing it. [15] It just means you don’t want to know because if you find out they’re not doing it safely, you’ll have to do something about it.

And it might be awkward. (Meanwhile in schools real, meaningful PHSE has been left off the curriculum.)

Mr. Vaizey asked in the Commons for suggestions for improvement.

My suggestion is this. How government manages data has many options. But the principle should be simple. Our personal data needs not only protected, but not exposed to unnecessary risk in the first place, by commercial or state bodies. Doing nothing, is not an option.

Let’s Talk about more than TalkTalk

Teens will be teens. If commercial companies can’t manage their systems better to prevent a child successfully hacking it, then it’s not enough to point at criminal behaviour. There is fault to learn from on all sides. In commercial and state uses of personal data.

There is talk of new, and bigger, data sharing plans. [16]

Will the government wait to see  and keep its fingers crossed each month to see if our data are used safely at unsecured settings with some of these unknown partners data might be onwardly shared with, hoping we won’t find out and they won’t need to talk about it, or have a grown up public debate based on public education?

Will it put preventative measures in place appropriate to the sensitivity and volume of the data it is itself responsible for?

Will moving forward with new plans mean safer practices?

If government genuinely wants our administrative data at the heart of digital government fit for the 21st century, it must first understand how all government departments collect and use public data. And it must educate the public in this and commercial data use.

We need a fundamental shift in the way the government respects public opinion and shift towards legal and privacy compliance – both of which are lacking.

Let’s not talk about TalkTalk. Let’s have meaningful grown up debate with genuine engagement. Let’s talk about prevention measures in our data protection. Let’s talk about consent. It’s personal.

******

[1] Questions for TalkTalk: http://www.bbc.co.uk/news/technology-34636308

[2] Hansard: http://www.publications.parliament.uk/pa/cm201516/cmhansrd/cm151026/debtext/151026-0001.htm#15102612000004

[3] TalkTalk update: http://www.talktalkgroup.com/press/press-releases/2015/cyber-attack-update-tuesday-october-30-2015.aspx

[4] The Cyber Security Programme: http://www.civilserviceworld.com/articles/feature/depth-look-national-cyber-security-programme

[5] Paul reviews TalkTalk; https://paul.reviews/value-security-avoid-talktalk/

[6] https://ico.org.uk/for-organisations/guide-to-data-protection/conditions-for-processing/

[7] Let’s talk Consequences: the consequences of current failures to meet customers’ reasonable expectations of acceptable risk, are low compared with elsewhere.  As John Nicolson (East Dunbartonshire) SNP pointed out in the debate, “In the United States, AT&T was fined £17 million for failing to protect customer data. In the United Kingdom, the ICO can only place fines of up to £500,000. For a company that received an annual revenue of nearly £1.8 billion, a fine that small will clearly not be terrifying. The regulation of telecoms must be strengthened to protect consumers.”

[8] Let’s talk education: FOI request revealing a samples of some individual level data released to members of the press: http://www.theyworkforyou.com/debates/?id=2015-10-26b.32.0

The CMA brought out a report in June, on the use of consumer data, the topic should be familiar in parliament, but little engagement has come about as a result. It suggested the benefit:

“will only be realised if consumers continue to provide data and this relies on them being able to trust the firms that collect and use it”, and that “consumers should know when and how their data is being collected and used and be able to decide whether and how to participate. They should have access to information from firms about how they are collecting, storing and using data.”

[9] Let’s Talk Public Trust – are the bodies involved Trustworthy? Government lacks an effective data policy and is resistant to change. Yet it wants to collect ever more personal and individual level for unknown purposes from the majority of 60m people, with an unprecedented PR campaign.  When I heard the words ‘we want a mature debate’ it was reminiscent of HSCIC’s ‘intelligent grown up debate’ requested by Kinglsey Manning, in a speech when he admitted lack of public knowledge was akin to a measure of past success, and effectively they would rather have kept the use of population wide health data ‘below the radar’.

Change: We need change, the old way after all, didn’t work, according to Minister Matt Hancock: “The old model of government has failed, so we will build a new one.” I’d like to see what that new one will look like. Does he mean to expand only data sharing policy, or the powers of the civil service?

[10] National Pupil Database detailed data releases to third parties https://www.whatdotheyknow.com/request/pupil_data_national_pupil_databa

[11] http://adrn.ac.uk/news-events/latest-news/adrn-rssevent

[12] https://jenpersson.com/public-trust-datasharing-nib-caredata-change/

[13] https://www.liberty-human-rights.org.uk/human-rights/privacy/state-surveillance

[14] http://www.computerweekly.com/news/4500256274/Government-will-tackle-barriers-to-sharing-and-linking-data-says-Cabinet-Office-minister-Hancock

#caredata, care.data, genomics, human rights, NHS England, privacy, transparency

The Economic Value of Data vs the Public Good? [2] Pay-for-privacy, defining purposes

Differentiation. Telling customers apart and grouping them by similarities is what commercial data managers want.

It enables them to target customers with advertising and sales promotion most effectively. They segment the market into chunks and treat one group differently from another.

They use market research data, our loyalty card data, to get that detailed information about customers, and decide how to target each group for what purposes.

As the EU states debate how research data should be used and how individuals should be both enabled and protected through it, they might consider separating research purposes by type.

While people are happy for the state to use their data without active consent for bona fide research, they are not for commercial consumer research purposes. [ref part 1].

Separating consumer and commercial market research from the definition of research purposes for the public good by the state, could be key to rebuilding people’s trust in government data use.

Having separate purposes would permit separate consent and control procedures to govern them.

But what role will profit make in the state’s definition of ‘in the public interest’ – is it in the public interest if the UK plc makes money from its citizens? and how far along any gauge of public feeling will a government be prepared to go to push making money for the UK plc at our own personal cost?

Pay-for-privacy?

In January this year, the Executive Vice President at Dunnhumby, Nishat Mehta, wrote in this article [7], about how he sees the future of data sharing between consumers and commercial traders:

“Imagine a world where data and services that are currently free had a price tag. You could choose to use Google or Facebook freely if you allowed them to monetize your expressed data through third-party advertisers […]. Alternatively, you could choose to pay a fair price for these services, but use of the data would be forbidden or limited to internal purposes.”

He too, talked about health data. Specifically about its value when accurate expressed and consensual:

“As consumers create and own even more data from health and fitness wearables, connected devices and offline social interactions, market dynamics would set the fair price that would compel customers to share that data. The data is more accurate, and therefore valuable, because it is expressed, rather than inferred, unable to be collected any other way and comes with clear permission from the user for its use.”

What his pay-for-privacy model appears to have forgotten, is that this future consensual sharing is based on the understanding that privacy has a monetary value. And that depends on understanding the status quo.

It is based on the individual realising that there is money made from their personal data by third parties today, and that there is a choice.

The extent of this commercial sharing and re-selling will be a surprise to most loyalty card holders.

“For years, market research firms and retailers have used loyalty cards to offer money back schemes or discounts in return for customer data.”

However despite being signed up for years, I believe most in the public are unaware of the implied deal. It may be in the small print. But everyone knows that few read it, in the rush to sign up to save money.

Most shoppers believe the supermarket is buying our loyalty. We return to spend more cash because of the points. Points mean prizes, petrol coupons, or pounds off.

We don’t realise our personal identity and habits are being invisibly analysed to the nth degree and sold by supermarkets as part of those sweet deals.

But is pay-for-privacy discriminatory? By creating the freedom to choose privacy as a pay-for option, it excludes those who cannot afford it.

Privacy should be seen as a human right, not as a pay-only privilege.

Today we use free services online but our data is used behind the scenes to target sales and ads often with no choice and without our awareness.

Today we can choose to opt in to loyalty schemes and trade our personal data for points and with it we accept marketing emails, and flyers through the door, and unwanted calls in our private time.

The free option is to never sign up at all, but by doing so customers pay a premium by not getting the vouchers and discounts.  Or trading convenience of online shopping.

There is a personal cost in all three cases, albeit in a rather opaque trade off.

 

Does the consumer really benefit in any of these scenarios or does the commercial company get a better deal?

In the sustainable future, only a consensual system based on understanding and trust will work well. That’s assuming by well, we mean organisations wish to prevent PR disasters and practical disruption as resulted for example to NHS data in the last year, through care.data.

For some people the personal cost to the infringement of privacy by commercial firms is great. Others care less. But once informed, there is a choice on offer even today to pay for privacy from commercial business, whether one pays the price by paying a premium for goods if not signed up for loyalty schemes or paying with our privacy.

In future we may see a more direct pay-for-privacy offering along  the lines of Nishat Mehta.

And if so, citizens will be asking ever more about how their data is used in all sorts of places beyond the supermarket.

So how can the state profit from the economic value of our data but not exploit citizens?

‘Every little bit of data’ may help consumer marketing companies.  Gaining it or using it in ways which are unethical and knowingly continue bad practices won’t win back consumers and citizens’ trust.

And whether it is a commercial consumer company or the state, people feel exploited when their information is used to make money without their knowledge and for purposes with which they disagree.

Consumer commercial use and use in bona fide research are separate in the average citizen’s mind and understood in theory.

Achieving differentiation in practice in the definition of research purposes could be key to rebuilding consumers’ trust.

And that would be valid for all their data, not only what data protection labels as ‘personal’. For the average citizen, all data about them is personal.

Separating in practice how consumer businesses are using data about customers to the benefit of company profits, how the benefits are shared on an individual basis in terms of a trade in our privacy, and how bona fide public research benefits us all, would be beneficial to win continued access to our data.

Citizens need and want to be offered paths to see how our data are used in ways which are transparent and easy to access.

Cutting away purposes which appear exploitative from purposes in the public interest could benefit commerce, industry and science.

By reducing the private cost to individuals of the loss of control and privacy of our data, citizens will be more willing to share.

That will create more opportunity for data to be used in the public interest, which will increase the public good; both economic and social which the government hopes to see expand.

And that could mean a happy ending for everyone.

The Economic Value of Data vs the Public Good?  They need not be mutually exclusive. But if one exploits the other, it has the potential to continue be corrosive. The UK plc cannot continue to assume its subjects are willing creators and repositories of information to be used for making money. [ref 1] To do so has lost trust in all uses, not only those in which citizens felt exploited.[6]

The economic value of data used in science and health, whether to individual app creators, big business or the commissioning state in planning and purchasing is clear. Perhaps not quantified or often discussed in the public domain perhaps, but it clearly exists.

Those uses can co-exist with good practices to help people understand what they are signed up to.

By defining ‘research purposes’, by making how data are used transparent, and by giving real choice in practice to consent to differentiated data for secondary uses, both commercial and state will secure their long term access to data.

Privacy, consent and separation of purposes will be wise investments for its growth across commercial and state sectors.

Let’s hope they are part of the coming ‘long-term economic plan’.

****

Related to this:

Part one: The Economic Value of Data vs the Public Good? [1] Concerns and the cost of Consent

Part two: The Economic Value of Data vs the Public Good? [2] Pay-for-privacy and Defining Purposes.

Part three: The Economic Value of Data vs the Public Good? [3] The value of public voice.

****

image via Tesco media

[6] Ipsos MORI research with the Royal Statistical Society into the Trust deficit with lessons for policy makers https://www.ipsos-mori.com/researchpublications/researcharchive/3422/New-research-finds-data-trust-deficit-with-lessons-for-policymakers.aspx

[7] AdExchanger Janaury 2015 http://adexchanger.com/data-driven-thinking/the-newest-asset-class-data/

[8] Tesco clubcard data sale https://jenpersson.com/public_data_in_private_hands/  / Computing 14.01.2015 – article by Sooraj Shah: http://www.computing.co.uk/ctg/feature/2390197/what-does-tescos-sale-of-dunnhumby-mean-for-its-data-strategy

[9] Direct Marketing 2013 http://www.dmnews.com/tesco-every-little-bit-of-customer-data-helps/article/317823/

 

care.data, commercial, human rights, NHS England

The Economic Value of Data vs the Public Good? [3] The value of public voice.

Demonstrable value of public research to the public good, while abstract, is a concept quite clearly understood.

Demonstrating the economic value of data for private consumer companies like major supermarkets is even easier to understand.

What is less obvious is the harm that the commercial misuse of data can do to the public’s perception of all research for the public good.[6]

The personal cost of consumer data exploitation, whether through the loss of, or through paid-for privacy, must be limited to reduce the perceived personal cost of the public good.

By reducing the personal cost, we increase the value of the perceived public benefit of sharing and overall public good.

The public good may mean many things: benefits from public health research like understanding how disease travels, or good financial planning, derived from knowing what needs communities have and what services to provide.

By reducing the private cost to individuals of the loss of control and privacy of our data, citizens will be more willing to share.

It will create more opportunity for data to be used in the public interest, for both economic and social gain.

As I outlined in the previous linked blog posts, consent [part 1] and privacy [part 2] would be wise investments for its growth.

So how are consumer businesses and the state taking this into account?

Where is the dialogue we need to keep expectations and practices aligned in a changing environment and legal framework?

Personalisation: the economic value of data for companies

Any projects under discussion or in progress without adequate public consultation and real involvement, that ignore public voice,  risk their own success and with it the public good they should create.

The same is true for commercial projects.  For example, back to Tesco.

Whether the clubcard data management and processing [8] is directly or indirectly connected to Tesco, its customer data are important to the supermarket chain and are valuable.

Former Tesco executive, spoke about that value in a 2013 interview:

“These are slow-growing industries,” Leahy said. “The difference was in the use of data, in the way Tesco learned about its customers. And from that, everything flowed.”[9]

By knowing who, how and when citizens shop, it allows them to target the sales offering to make people buy more or differently. The so-called ‘nudge’ moving citizens in the direction the company wants.

He explained how, through the Clubcard loyalty program, the supermarket was able to transition from mass marketing to personalized marketing and that it works in other areas too:

“You can already see in some areas where customers are content to be priced as customers: risk pricing with insurance and so on.

“It makes a lot of sense in health pricing, but there will be certain social policy restriction in terms of fair access and so on.”

NHS patient data and commercial supermarket data may be coming closer in their use than we might think.

Not only closer in their similar desire to move towards personalisation [10] but for similar reasons, in the desire to use all the data to know all about people as health consumers and from that, to plan and purchase, best and cheapest…”in reducing overall cost.”

It is worth thinking about in an economy driven by ideological austerity, how reducing overall cost will be applied, by cutting services or reducing to whom services are offered.

What ‘nudge’ may be applied through NHS policies, to move citizens in the direction the drivers in government or civil service want to see?

What will push those who can afford it, into private care and out of those who the state has to spend money on, if they are prepared to spend their own, for example.

What is the data that citizens provide through schemes like care.data designed to achieve?

“Demonstrating The Actual Economic Value of Data”

Tim Kelsey, speaking at Strata in 2013 [11] talked about: “Demonstrating The Actual Economic Value of Data”. Our NHS data are valuable in both economic and social terms.

[From 12:17] “It will help put the UK on the map in terms of genomic research. The PM has already committed to the UK developing 100K gene sequences very rapidly. But those sequences on their own will have very limited value without the reference data that lies out there in the real world of the NHS, the data we’ll start making available form next June […]. The name of the programme by the way is care dot data.”

The long since delayed care.data programme plans to provide medical records for secondary use, as reference data for the 100K genomics programme. The programme has the intent to “create a lasting legacy for patients, the NHS and the UK economy.”

With consent.

When the CEO of Illumina talks about winning a US $20bn market [12] perhaps it also sounds economically appealing for the UK plc and the austerity-lean NHS. Illumina is the company which won the contract for the Genomics England project sequencing of course.

“The notion here is that it’s really a precursor to understand the health economics of why sequencing helps improve healthcare, both in quality of outcome, and in reducing overall cost. Presuming we meet the objectives of this three-year study–and it’s truly a pilot–then the program will expand substantially and sequence many more people in the U.K.” [Jay Flatley, CEO]

The idea of it being a precursor leaves me asking, to what?
“Will expand substantially” to whom?

As more and more becomes possible in science, there will be an ever greater need for understanding between how and why we should advance medicine, and how to protect human dignity. Because it becomes possible may not always mean it should be done.

Article 21 of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the application of biology and medicine, also says:  “The human body and its parts shall not, as such, give rise to financial gain.”

How close is profit making from DNA sequencing getting to that line?

These are questions that raise ethical questions and questions of social and economic value. The social legitimacy of these programmes will depend on trust. Trust based on no surprises.

Commercial market research or real research for the public good?

Meanwhile all consenting patients can in theory now choose to access their own record [GP online].  Mr Kelsey expressed hopes in 2013 that developers would use that to help patients:

“to mash it up with other data sources to get their local retailers to tell them about their purchasing habits [16:05] so they can mash it up with their health data.”

This despite the 67% of the public concerned around health data use by commercial companies.

So what were the commercially sensitive projects discussed by NHS England and Tesco throughout 2014? It would be interesting to know whether loyalty cards and mashing up our data was part of it – or did they discuss market segmentation, personalisation and health pricing? Will we hear the ‘Transparency Tsar‘ tell NHS citizens their engagement is valued, but in reality find the public is not involved?

To do so would risk another care.data style fiasco in other fields.

Who might any plans offer most value to – the customer, the company or the country plc? Will the Goliaths focus on short term profit or fair processing and future benefits?

In the long run, ignoring public voice won’t help the UK plc or the public interest.

A balanced and sustainable research future will not centre on a consumer pay-for-privacy basis, or commercial alliances, but on a robust ethical framework for the public good.

A public good which takes profit into account for private companies and the state, but not at the expense of public feeling and ethical good practice.

A public good which we can understand in terms of social, direct and indirect economic value.

While we strive for the economic and public good in scientific and medical advances we must also champion human dignity and values.

This dialogue needs to be continued.

“The commitment must be an ongoing one to continue to consult with people, to continue to work to optimally protect both privacy and the public interest in the uses of health data. We need to use data but we need to use it in ways that people have reason to accept. Use ‘in the public interest’ must respect individual privacy. The current law of data protection, with its opposed concepts of ‘privacy’ and ‘public interest’, does not do enough to recognise the dependencies or promote the synergies between these concepts.”

[M Taylor, “Information Governance as a Force for Good? Lessons to be Learnt from Care.data”, (2014) 11:1 SCRIPTed 1]

The public voice from care.data listening and beyond, could positively help shape the developing consensual model if given genuine adequate opportunity to do so in much needed dialogue.

As they say, every little helps.

****

Part one: The Economic Value of Data vs the Public Good? [1] Concerns and the cost of Consent

Part two: The Economic Value of Data vs the Public Good? [2] Pay-for-privacy and Defining Purposes.

Part three: The Economic Value of Data vs the Public Good? [3] The value of public voice.

****

[1] care.data listening event questions: https://jenpersson.com/pathfinder/

[2] Private Eye – on Tesco / NHS England commercial meetings https://twitter.com/medConfidential/status/593819474807148546

[3] HSCIC audit and programme for change www.hscic.gov.uk/article/4780/HSCIC-learns-lessons-of-the-past-with-immediate-programme-for-change

[4] EU data protection discussion http://www.digitalhealth.net/news/EHI/9934/eu-ministers-back-data-privacy-changes

[5] Joint statement on EU Data Protection proposals http://www.wellcome.ac.uk/stellent/groups/corporatesite/@policy_communications/documents/web_document/WTP055584.pdf

[6] Ipsos MORI research with the Royal Statistical Society into the Trust deficit with lessons for policy makers https://www.ipsos-mori.com/researchpublications/researcharchive/3422/New-research-finds-data-trust-deficit-with-lessons-for-policymakers.aspx

[7] AdExchanger Janaury 2015 http://adexchanger.com/data-driven-thinking/the-newest-asset-class-data/

[8] Tesco clubcard data sale https://jenpersson.com/public_data_in_private_hands/  / Computing 14.01.2015 – article by Sooraj Shah: http://www.computing.co.uk/ctg/feature/2390197/what-does-tescos-sale-of-dunnhumby-mean-for-its-data-strategy

[9] Direct Marketing 2013 http://www.dmnews.com/tesco-every-little-bit-of-customer-data-helps/article/317823/

[10] Personalisation in health data plans http://www.england.nhs.uk/iscg/wp-content/uploads/sites/4/2014/01/ISCG-Paper-Ref-ISCG-009-002-Adult-Social-Care-Informatics.pdf

[11] Tim Kelsey Keynote speech at Strata November 2013 https://www.youtube.com/watch?v=s8HCbXsC4z8

[12] Forbes: Illumina CEO on the US$20bn DNA market http://www.forbes.com/sites/luketimmerman/2015/04/29/qa-with-jay-flatley-ceo-of-illumina-the-genomics-company-pursuing-a-20b-market/

human rights, politics

Refusing refugees – a modern genocide?

I am ashamed  that our government will not accept more asylum seekers into the UK.

From the comfort of my warm dry living room that is easy, while I watch the hardship and efforts of others as cold, drowned people are pulled from the Med.

Easy but for the fact that I see each one as somebody’s daughter or somebody’s son. I am also sad and angered by our collective UK government response, because we could do better.

It’s “genocide — nothing less than genocide, really,” Maltese Prime Minister Muscat told CNN this week.

Genocide is not word we should use lightly, and many still associate with WWII.

Back in 1943, seventy two years ago, the British Cabinet also debated what to do with wartime refugees, mainly Jews and Czechs but including a wide spectrum of persecuted minorities. At the time the Cabinet did not recognise genocide in progress. Their conversations appear not to have recognised any humanitarian crisis, so much as much as a political inconvenience. Yet the same minutes suggest they were aware of massacres. [source: National Archives]

Just like today, the 1943 politicians focussed the problem of what to do with ‘refugees’ on themselves and their response.  It was a problem for them, the British cabinet, not the refugees at risk.

They discussed how it would look and what anti-semitism / racism may occur at home to accept more. What language to use. And how difficult they suggest it was to rally international support. They discussed which departments would take the criticism and how to pretend that political discussions were taking place that weren’t. They wonder if they can “continue to pretend in the H/C [House of Commons?] to be holding international conversations.” [p.93] Other meetings were to be held in secret.

They seem  little concerned how to solve the problems of people whose lives they would forever alter and many more  indirectly besides.

They seem more concerned to ensure that the refugees will get sent back where they came from than in their welfare.

They made decisions which would have far reaching consequences into the future, for example on Palestine.

Today’s British politicians and media tend towards using migrant rather than refugee, and often conflate the terms immigrant, refugee and asylum seekers. Usually centred on a problem real or imagined that immigration poses in the UK.

I wish we could start talking about solving the problems of these ‘people’ instead.

Politicians blame each other for lack of action. Blame the traffickers for unseaworthy boats and exploitation. Blame helps no one.

Part of the solution lies in not creating the problems to start with.
Afghanistan, Libya, Palestine. Syria. Yemen. So many places in Africa. The list is long of places to whom we sell arms and fund violence.

Yet our pre-election government could not find funds for the humanitarian needs of children and adults who needed our help until voters saw enough coffins on the evening news, a political embarrassment which forced action.

Camps will be built for internment on arrival – but is that a way to solve the problems of people who have fled their homes under duress?

Nations will now unite in yet another new war. A war on traffickers.

The well organised merchants in manslaughter expect to lose their vessels to the waves or have them confiscated. Most of these open caskets are navigated by a non-culpable refugee and the traffickers don’t care if they founder.

‘Let them drown’ has not been a policy exclusive to European leaders.

What effective difference will destroying more boats make?

This is a refugee’s only option in the last leg of a long journey from war; torture, rape and harassment. How will it stop them leaving or wanting a safe and better life for their children? Why should it? Will this policy not simply push up the price of every place on a remaining boat and drive more unworthy ones into service?

Will sending arrivals back solve anything or create some sort of game of Risk in which they can ‘play again’ until they die trying? How will they be treated if they refuse to go?

The failure of governments to listen and the resulting deaths, is indefensible when organisations and individuals predicted and publicised the effect of withdrawing search and rescue months ago.

I wondered in the interim how big the number had to become to be embarrassing. Turns out it was 900. And that’s not the total, but the one incident on one night.

The only good thing to have come from that night is some return to rescue work. But the decision to take no asylum seekers is wrong.

The right to seek asylum is set out in the Universal Declaration on Human Rights. It is one of the most important obligations in international law.

People in the UK care about the callous ‘let them drown’ policy affecting would-be asylum seekers and refugees. We see through hyped-up threats of  ‘immigration’ voiced by right-wing minorities or pandered to in party mugs.  Sadly the pandering has become passivity towards the real needs of real people. It is shaping a political discourse the majority in the UK do not want, with real consequences at home and abroad.

The fear of loss  of political face is costing lives in the Mediterranean. It is making British politicians of all colours too quiet. The 7th May may see the inconvenient batten handed over to a new government.

How many will perish in the mean time?

One child drowned is one child too many. How long will our leaders focus on what they perceive as protecting our own interests and borders, and not on the people who need our help?

These people have no future if they don’t leave. They have no future if they don’t arrive alive. And no future if not welcomed when they do.

I will never forget that ten o’clock news picture of a dead  boy being carried onto the craggy Greek shore. I can imagine his mother putting that patterned warm hat on his head in the hope it would protect him from the cold weather on a rough crossing.

I see his lifeless hands hanging free in the fisherman’s arms.

And I wonder how today’s Cabinet Office minutes will read in the years to come.

photo: twitter adapted from a poster of the Italian Red Cross. #WhereisEurope

****

1943 Cabinet Office minutes.

February. Refugees.

A.E. Rpt. on recent mtg. re Jews. No progress with U.S.A. No immed. chance of direct conversns. Can we continue to pretend in H/C. tht. we are holding internat. conversns. We here can do so little tht. difficult for us to take it up internationally unless U.S. co-operate.

H.O. I cd. take 1.000 or so as part of U. Nations move – but only to bring the others on. Rathbone & Co. all pressing us to admit some to encourage other A. Nations. My feeling is we’ve done too much already w’out guarantee tht. other Nations will help. Danger of anti-Semitic troubles here.

S/Doms. Advantages of explaing. diffies. in Debate – what we have done, and diffy. of doing more.

W.O. Risk of provoking discussion of Jewish Army.

A.E. Agree advantages. Trouble is disclosure of U.S. delay.

H.O. Arrange Parly. Ques. to P.M. askg. what contribn. we and Empire have made – and give it publicity.

M/L. Can Cab. Sec draft Answer to show what we have done.

Agreed: Have Ques. subject to Cab. seeing answer. Otherwise, stand firm. Have put to U.S. Chargé d’Affaires last week-end 3 points a) mtg. here. b) Agreed – await replies to these points. Ch. Whips to be asked to discourage undue interest.

****

Reception and Accommodation of Refugees.

A.E. Shd. we take line “done all poss. nil more” or “This is for U. Nations. We will try more, if others do their share”.

We favour second course. This is apart fr. what C.O. can do in Pal. for women and children. (Limited nos. give priority to w. and children)

Amendment of para 4 of telegram – agreed.

****

March 1943 Refugees.

L.P.S. Debate in H/Lds. Tomorrow. Can I use some of these figures?

P.M. Yes: don’t use ‘em all.

H.O. M/I. to seek publicity for this statement. Law. “Czecho-slovak nationals” vice Czechs”

M.A.P. Cd. a total be put in: small gobbets don’t give impn of large total.

K.W. Only if the total is really impressive.

P.M. Consider this point.

****

April 1943

A.E. U.S. have asked if we cd. take few hundred Stateless refugees. ? Say we’ll take a few more if U.S. will take a few.

*****

Refugees: Bermuda Conference. May 1943

A.E. Neutral countries to take more. Camp in N. Africa to relieve immed. pressure on Spain. Revival of inter-Govt. Cttee. These are the 3 main points. Encouraging tht. we & U.S. delegates (not all easy) got on v. well together.

G.Hall. a) Diffy of U.S. doing anything: for 2 days: then they came along v. nicely

L.P.S. Anti-Semitic letters: put it on basis of all refugees, not Jewish refugees – i.e. by describing them by nationality not race.

L.S.A. P.5. India has taken 11.000 not 5.000. para. 14. 185 W.O. Para. 15. Arabs have already got the farms. We have now asked them to put up camps H.O. Minor corrections – notify to applic. Authy. for record?

A.E. Debate. Peake to open qua Conference. Senior Minister to wind up (? Member of War Cabinet)

L.P. Giving assurance to neutrals tht. they won’t have to keep them indefinitely. Does this mean they will go back whence they came?

H.O. This is the understanding. Our only undertaking is to see tht. they get back.

****

July 1943

P.M. I’m committed to creation of a Jewish National Home in Palestine. Let us go on with that […]

S/Doms. Don’t dissent. But what I want is to face up to formulation of a proper post-war policy.

P.M. Not a good time for statements on long-term policy.

 

____

Minutes source: National Archives

human rights, politics, privacy, surveillance

Nothing to fear, nowhere to hide – a mother’s attempt to untangle UK surveillance law and programmes

“The Secret Service should start recruiting through Mumsnet to attract more women to senior posts, MPs have said.”
[SkyNews, March 5, 2015]

Whilst we may have always dreamed of being ‘M’, perhaps we can start by empowering all Mums to understand how real-life surveillance works today, in all our lives, homes and schools.

In the words of Franklin D. Roosevelt at his 1933 inaugural address:

“This is preeminently the time to speak the truth, the whole truth, frankly and boldly…

“Let me assert my firm belief that the only thing we have to fear is fear itself—nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.”

It is hard to know in the debate in the ‘war on terror’, what is truthful and what is ‘justified’ fear as opposed to ‘nameless and unreasoning.’

To be reasoned, we need to have information to understand what is going on and it can feel that picture is complex and unclear.

What concrete facts do you and I have about terrorism today, and the wider effects it has on our home life?

If you have children in school, or are a journalist, a whistleblower, lawyer or have thought about the effects of the news recently, it may affect our children or any of us in ways which we may not expect.

It might surprise you that it was surveillance law that was used to track a mother and her children’s [1] movements when a council wasn’t sure if her school application was for the correct catchment area. [It legally used the Regulation of Investigatory Powers Act 2000, (RIPA) [2]

Recent headlines are filled with the story of three more girls who are reported to have travelled to Syria.

As a Mum I’d be desperate for my teens, and I cannot imagine what their family must feel. There are conflicting opinions, and politics,  but let’s leave that aside. These girls are each somebody’s daughter, and at risk.

As a result MPs are talking about what they should be teaching in schools. Do parents and citizens agree, and do we know what?

Shadow business secretary Chuka Umunna, Labour MP told Pienaar’s Politics on BBC Radio 5 Live: “I really do think this is not just an issue for the intelligence services, it’s for all of us in our schools, in our communities, in our families to tackle this.”

Justice Minister Simon Hughes told Murnaghan on Sky News it was important to ensure a counter-argument against extremism was being made in schools and also to show pupils “that’s not where excitement and success should lie”. [BBC 22 February 2015]

There are already policies in schools that touch all our children and laws which reach into our family lives that we may know little about.

I have lots of questions what and how we are teaching our children about ‘extremism’ in schools and how the state uses surveillance to monitor our children’s and our own lives.

This may affect all schools and places of education, not those about which we hear stories about in the news, so it includes yours.

We all want the best for our young people and security in society, but are we protecting and promoting the right things?

Are today’s policies in practice, helping or hardening our children’s thinking?

Of course I want to see that all our kids are brought up safe. I also want to bring them up free from prejudice and see they get equal treatment and an equal start in life in a fair and friendly society.

I think we should understand the big picture better.

1. Do you feel comfortable that you know what is being  taught in schools or what is done with information recorded or shared by schools or its proposed expansion to pre-schools about toddlers under the Prevent programme?.

2. Do government communications’ surveillance programmes in reality, match up with real world evidence of need, and how is it measured to be effective?

3. Do these programmes create more problems as side-effects we don’t see or don’t measure?

4. If any of our children have information recorded about them in these programmes, how is it used, who sees it and for what purposes?

5. How much do we know about the laws brought in under the banner of ‘counter-terror’ measures, and how they are used for all citizens in everyday life?

We always think unexpected things will happen to someone else, and everything is rightfully justified in surveillance, until it isn’t.

Labels can be misleading.

One man’s terrorist may be another’s freedom fighter.

One man’s investigative journalist is another’s ‘domestic extremist.’

Who decides who is who?

Has anyone asked in Parliament: Why has religious hate crime escalated by 45% in 2013/14 and what are we doing about it? (up 700 to 2, 273 offences, Crime figures [19])

These aren’t easy questions, but we shouldn’t avoid asking them because it’s difficult.

I think we should ask: do we have laws which discriminate by religion, censor our young people’s education, or store information about us which is used in ways we don’t expect or know about?

Our MPs are after all, only people like us, who represent us, and who make decisions about us, which affect us. And on 7th May, they may be about to change.

As a mother, whoever wins the next General Election matters to me because it will affect the next five years or more, of what policies are made which will affect our children, and all of us as citizens.

It should be clear what these programmes are and there should be no reason why it’s not transparent.

“To counter terrorism, society needs more than labels and laws. We need trust in authority and in each other.”

We need trust in authority and in each other in our society, built on a strong and simple legal framework and founded on facts, not fears.

So I think this should be an election issue. What does each party plan on surveillance to resolve the issues outlined by journalists, lawyers and civil society? What applied programmes does each party see that will be, in practical terms: “for all of us in our schools, in our communities, in our families to tackle this.”

If you agree, then you could ask your MP, and ask your prospective parliamentary candidates. What is already done in real life and what are their future policies?

Let’s understand ‘the war on terror’ at home better, and its real impacts. These laws and programmes should be transparent, easy to understand, and not only legal, but clearly just, and proportionate.

Let’s get back to some of the basics, and respect the rights of our children.

Let’s start to untangle this spaghetti of laws; the programmes, that affect us in practice; and understand their measures of success.

Solutions to protecting our children, are neither simple or short term. But they may not always mean more surveillance.

Whether the Secret Service will start recruiting through Mumsnet or not, we could start with better education of us all.

At very least, we should understand what ‘surveillance’ means.

****

If you want to know more detail, I look at this below.

The laws applied in Real Life

Have you ever looked at case studies of how surveillance law is used?

In  one case, a mother and her children’s [1] movements were watched and tracked when a council wasn’t sure if her school application was for the correct catchment area. [It legally used the Regulation of Investigatory Powers Act 2000, (RIPA) [2]

Do you think it is just or fair that  a lawyer’s conversations with his client [3] were recorded and may have been used preparing the trial – when the basis of our justice system is innocent until proven guilty?

Or is it right that journalists’ phone records could be used to identify people by the police, without telling the journalists or getting independent approval, from a judge for example?

ft

These aren’t theoretical questions but stem from real-life uses of laws used in the ‘counter terrorism’ political arena and in practice.

Further programmes store information about every day people which we may find surprising.

In November 2014 it was reported that six British journalists [4] had found out personal and professionally related information had been collected about them, and was stored on the ‘domestic extremist’ database by the Metropolitan Police in London.

They were not criminal nor under surveillance for any wrongdoing.

One of the journalists wrote in response in a blog post on the NUJ website [5]:

“…the police have monitored public interest investigations in my case since 1999. More importantly if the police are keeping tabs on a lightweight like myself then they are doing the same and more to others?”

Ever participated in a protest and if not reported on one?

‘Others’ in that ‘domestic extremist list’ might include you, or me.

Current laws may be about to change [6] (again) and perhaps for the good, but will yet more rushed legislation in this area be done right?

There are questions over the detail and what will actually change. There are multiple bills affecting security, counter-terrorism and data access in parliament, panels and reviews going on in parallel.

The background which has led to this is the culmination of lots of concern and pressure over a long period of time focuses on one set of legal rules, in the the Regulation of Investigatory Powers Act (RIPA).

The latest draft code of practice [7] for the Regulation of Investigatory Powers Act (RIPA) [8] allows the police and other authorities to continue to access journalists’ and other professionals’ communications without any independent process or oversight.

‘Nothing to hide, nothing to fear’, is a phrase we hear said of surveillance but as these examples show, its use is widespread and often unexpected, not in extremes as we are often told.

David Cameron most recently called for ever wider surveillance legislation, again in The Telegraph, Jan 12 2015  saying:[9]

“That is why in extremis it has been possible to read someone’s letter, to listen to someone’s telephone, to mobile communications.”

Laws and programmes enable and permit these kinds of activity which are not transparent to the broad public. Is that right?

The Deregulation bill has changes, which appear now to have been amended to keep the changes affecting journalists in PACE [10] laws after all, but what effects are there for other professions and how exactly will this change interact with further new laws such as the Counter Terrorism and Security Act [p20]? [11]

It’s understandable that politicians are afraid of doing nothing, if a terrorist attack takes place, they are at risk of looking like they failed.

But it appears that politicians may have got themselves so keen to be seen to be doing ‘something’ in the face of terror attacks, that they are doing too much, in the wrong places, and we have ended up with a legislative spaghetti of simultaneous changes, with no end in sight.

It’s certainly no way to make legal changes understandable to the British public.

Political change may come as a result of the General Election. What implications will it have for the applied ‘war-on-terror’ and average citizen’s experience of surveillance programmes in real life?

What do we know about how we are affected? The harm to some in society is real, and is clearly felt in some, if not all communities. [12]

Where is the evidence to include in the debate, how laws affect us in real life and what difference they make vs their intentions?

Anti-terror programmes in practice; in schools & surgeries

In addition to these changes in law, there are a number of programmes in place at the moment.

The Prevent programme?[16] I already mentioned above.

Its expansion to wider settings would include our children from age 2 and up, who will be under an additional level of scrutiny and surveillance [criticism of the the proposal has come across the UK].

How might what a three year old says or draws be interpreted, or recorded them about them, or their family? Who accesses that data?

What film material is being produced that is: ” distributed directly by these organisations, with only a small portion directly badged with government involvement” and who is shown it and why? [Review of Australia‘s Counter Terror Machinery, February 2015] [17]

What if it’s my child who has something recorded about them under ‘Prevent’? Will I be told? Who will see that information?  What do I do if I disagree with something said or stored about them?

Does surveillance benefit society or make parts of it feel alienated and how are both its intangible cost and benefit measured?

When you combine these kinds of opaque, embedded programmes in education or social care  with political thinking which could appear to be based on prejudice not fact [18], the outcomes could be unexpected and reminiscent of 1930s anti-religious laws.

Baroness Hamwee raised this concern in the Lords on the 28th January, 2015 on the Prevent Programme:

“I am told that freedom of information requests for basic statistics about Prevent are routinely denied on the basis of national security. It seems to me that we should be looking for ways of providing information that do not endanger security.

“For instance, I wondered how many individuals are in a programme because of anti-Semitic violence. Over the last day or two, I have been pondering what it would look like if one substituted “Jewish” for “Muslim” in the briefings and descriptions we have had.” Baroness Hamwee:  [28 Jan 2015 : Column 267 -11]

“It has been put to me that Prevent is regarded as a security prism through which all Muslims are seen and that Muslims are suspect until proved otherwise. The term “siege mentality” has also been used.

“We have discussed the dangers of alienation arising from the very activities that should be part of the solution, not part of the problem, and of alienation feeding violence. […]

“Transparency is a very important tool … to counter those concerns.”

Throughout history good and bad are dependent on your point of view. In 70s London, but assuming today’s technology, would all Catholics have come sweepingly under this extra scrutiny?

“Early education funding regulations have been amended to ensure that providers who fail to promote the fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance for those with different faiths and beliefs do not receive funding.” [consultation guidance Dec 2014]

The programme’s own values seem undermined by its attitudes to religion and individual liberty. On universities the same paragraph on ‘freedom of speech’ suggests restrictive planning measures on protest meetings and IT surveillance for material accessed for  ‘non-research purposes’.

School and university is a time when our young people explore all sorts of ideas, including to be able to understand and to criticise them. Just looking at material online should not necessarily have any implications.  Do we really want to censor what our young people should and should not think about, and who is deciding the criteria?

For families affected by violence, nothing can justify their loss and we may want to do anything to justify its prevention.

But are we seeing widespread harm in society as side effects of surveillance programmes?

We may think we live in a free and modern society. History tells us all too easily governments can change a slide into previously unthinkable directions. It would be complacent to think, ‘it couldn’t happen here.’

Don’t forget, religious hate crime escalated by 45% in 2013/14 Crime figures [19])

Writers self-censor their work.  Whistleblowers may not come forward to speak to journalists if they feel actively watched.

Terrorism is not new.

Young people with fervour to do something for a cause and going off ‘to the fight’ in a foreign country is not new.

In the 1930s the UK Government made it illegal to volunteer to fight in Spain in the civil war, but over 2,000 went anyway.

New laws are not always solutions. especially when ever stricter surveillance laws, may still not mean any better accuracy of terror prevention on the ground. [As Charlie Hebdo and Copenhagen showed. in these cases the people involved were known to police. In the case of Lee Rigby it was even more complex.]

How about improving our citizens’ education and transparency about what’s going on & why, based on fact and not fear?

If the state shouldn’t nanny us, then it must allow citizens and parents the transparency and understanding of the current reality, to be able to inform ourselves and our children in practical ways, and know if we are being snooped on or surveillance recorded.

There is an important role for cyber experts in/and civil society to educate and challenge MPs on policy. There is also a very big gap in practical knowledge for the public, which should be addressed.

Can  we trust that information will be kept confidential that I discuss with my doctor or lawyer or if I come forward as a whistleblower?

Do I know whether my email and telephone conversations, or social media interactions are being watched, actively or by algorithms?

Do we trust that we are treating all our young people equally and without prejudice and how are we measuring impact of programmes we impose on them?

To counter terrorism, society needs more than labels and laws

We need trust in authority and in each other in our society, built on a strong and simple legal framework and founded on facts, not fears.

If the Prevent programme is truly needed at this scale, tell us why and tell us all what our children are being told in these programmes.

We should ask our MPs even though consultation is closed, what is the evidence behind the thinking about getting prevent into toddler settings and far more? What risks and benefits have been assessed for any of our children and families who might be affected?

Do these efforts need expanded to include two-year-olds?

Are all efforts to keep our kids and society safe equally effective and proportionate to potential and actual harm caused?

Alistair MacDonald QC, chairman of the Bar Council, said:

‘As a caring society, we cannot simply leave surveillance issues to senior officers of the police and the security services acting purportedly under mere codes of practice.

What is surely needed more than ever before is a rigorous statutory framework under which surveillance is authorised and conducted.”

Whether we are disabled PIP protesters outside parliament or mothers on the school run, journalists or lawyers, doctors or teachers, or anyone, these changes in law or lack of them, may affect us. Baroness Hamwee clearly sees harm caused in the community.

Development of a future legislative framework should reflect public consensus, as well as the expert views of technologists, jurists, academics and civil liberty groups.

What don’t we know? and what can we do?

According to an Ipsos MORI poll for the Evening Standard on October 2014 [20] only one in five people think the police should be free to trawl through the phone records of journalists to identify their sources.

Sixty-seven per cent said the approval of a judge should be obtained before such powers are used.

No one has asked the public if we think the Prevent programme is appropriate or proportionate as far as I recall?

Who watches that actions taken under it, are reasonable and not reactionary?

We really should be asking; what are our kids being shown, taught, informed about or how they may be  informed upon?

I’d like all of that in the public domain, for all parents and guardians. The curriculum, who is teaching and what materials are used.

It’s common sense to see that young people who feel isolated or defensive are less likely to talk to parents about their concerns.

It is a well known quote in surveillance “Nothing to hide, nothing to fear.” But this argument is flawed, because information can be wrong.

‘Nothing to fear, nowhere to hide’, may become an alternative meme we hear debated again soon, about surveillance if the internet and all communications are routinely tracked, without oversight.

To ensure proper judicial oversight in all these laws and processes – to have an independent judge give an extra layer of approval – would restore public trust in this system and the authority on which it depends.

It could pave the way for a new hope of restoring the checks and balances in many governance procedures, which a just and democratic society deserves.

As Roosevelt said: “let me assert my firm belief that the only thing we have to fear is fear itself—nameless, unreasoning, unjustified terror.”

 

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[On Channel4OD: Channel 4 – Oscar winning, ‘CitizenFour’  Snowden documentary]

References:

[1] The Guardian, 2008, council spies on school applicants

[2] Wikipedia RIPA legislation

[3] UK admits unlawfully monitoring communications

[4] http://www.theguardian.com/uk-news/2014/nov/20/police-legal-action-snooping-journalists

[5] Journalist’s response

[6] SOS Campaign

[7] RIPA Consultation

[8] The RIPA documents are directly accessible here

[9] The Telegraph

[10] Deregulation Bill

[11] Counter Terrorism and Security Act 2015

[12] Baroness Hamwee comments in the House of Lords [Hansard]

[13] Consultation response by charity Children in Scotland

[14] The Telegraph, Anti-terror plan to spy on toddlers ‘is heavy-handed’

[15] GPs told to specify counter terrorism leads [Prevent]

[16] The Prevent programme, BBC / 2009 Prevent programme for schools

[17] Review of Australia’s CT Machinery

[18] Boris Johnson, March 2014

[19] Hate crime figures 2013-14

[20] Ipsos MORI poll, October 2014

 

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 image credit: ancient history

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Continue reading Nothing to fear, nowhere to hide – a mother’s attempt to untangle UK surveillance law and programmes →

human rights, mental health, NHS, NHS England

Burning questions on Detention Centre healthcare & welfare

A man deliberately set fire to his mattress and clothes, and was taken to hospital in Surrey on Jan 31st, two weeks ago.

He is one of 426 men held at Brook House, one of the immigration removal centres (IRCs) at Gatwick. After being treated for smoke inhalation he was returned later the same evening, according to a G4S spokesman.

Crawley’s West Sussex Fire & Rescue Service put out the fire, and had ventilated the smoke damaged cell before leaving, all in 30 minutes.

Clearly it did not come to much,  but why did a man feel the need to set fire to the few possessions he has, and what happens next?

The G4S media spokesman said last week in connection with the fire, he was unaware of any standard health assessment or any procedures for the care of men after these incidents.

In 2010, only one year after its opening, the HM Chief Inspector of Prisons report based on an announced visit at Brook House Immigration Removal Centre [3] labelled the Brook House IRC as fundamentally ‘an unsafe place’.

The inspectorate found in 2010 and again in 2013 that the mental health failings were serious. Should it not be realistic to expect standard practices should already have been put in place since, for their improvement?

What will the recent multi-million contract for healthcare at a number of detention centres awarded by NHS England to G4S and separately in prisons mean for standards and continuity of their NHS care, and will improvements be put in place which work?

The multinationals working in our UK justice and home office systems, G4S [which manages Brook House] and Serco, haven’t exactly got track records which are equal to the ethical expectations the public has in their roles.

They also operate in Australia where Ministers have taken a hardline approach in defiance of human rights asylum conventions.

One year ago today, twenty-three-year-old Reza Barati was killed in an Australian immigration detention centre on Manus Island. In August 2014, police have reportedly charged two guards working for former camp operator G4S with his murder. A parliamentary enquiry found the violence was foreseeable.

Another man, Hamid Kehazaei did not get taken from Manus to receive adequate medical treatment quickly enough due to paperwork delays, and died in December, the Guardian reported.

Are there warning signs that the provision in England is heading in the same way and not just for IRCs but for detention and prison across the UK?

Do people needing healthcare get taken offsite quickly enough when needed in England? How have they responded to deaths in detention?

In the UK, the IAP on Deaths in Custody has produced a comprehensive statistical breakdown of all recorded deaths in broad state custody settings between 1 January 2000 and 31 December 2010.

The report included a focus on the deaths of people detained under the Mental Health Act (MHA).

Children have died in detention and men during IRC removals.
[For more detail, see the section below, Questions on the Staffing and use of Force in care]

The care and the responsibility for these IRC-held men, women and children may not be of interest to everyone in the UK.

But as the expansion of private contractors becomes the norm, any family in England who finds someone they love in any non-HMP run English prison might be touched by the values of these providers.

Should we demand that equal ethical standards, transparency of targets and procedures, and the provision of physical and mental health care, be for all, as basic human rights?

Must our state keeps awarding massive contracts to these massive multinationals?

Will we, under the cuts of austerity, see situations deteriorate further in the UK, to the Australian standard?

Will we look back and wish we had acted sooner?

These issues are not new and are well documented

Lord David Ramsbotham GCB CBE, Her Majesty’s Chief Inspector of Prisons – December 1995 – August 2001 wrote the foreword in the 2008 report by the Birnberg Peirce & Partners, Medical Justice and the National Coalition of Anti-Deportation Campaigns  [Outsourcing abuse 2008] in which he identified:

“a most unfortunate attitude, adopted by officials towards issues surrounding asylum and immigration, described by the Commission as ‘a culture of disbelief’.”

It seems this culture of disbelief is allowed to continue.

Yet despite years of evidence, the February 2015 Home Office response by today’s government only accepts in part, some of the issues raised and recommendations in the Tavistock Institute Review [2] of IRC mental health care.

These include indefinite detention and the impacts on mental health, and a proposal of cultural change to speed up processing times.

As this is considered, I wonder will any change aimed at reducing indefinite detention manage to be designed in such a way as to also future-proof thorough and proper processing procedures?

In the meantime, detainees and prisoners are protesting via the few channels they have.  Self harm, starvation and setting things alight.

So what can we, the Public do?

If you think this matters but know little about it, we can get informed, or we can ask that our MPs intervene on our behalf.

We can support those who work or campaign in this area, like AVID [see on social media #Time4aTimeLimit and @DetentionForum

I wonder if those more informed, perhaps your local Red Cross or immigration volunteers, could read and consider responding to the Care Quality Commission (CQC) somewhat ‘informal’ consultation [p14] underway, on the approach to the CQC regulation in England?

This will affect how healthcare is regulated in IRCs. The closing date in March is unconfirmed.  Views are being taken now, in consultation via email: cqcinspectionchangeshj @ cqc.org.uk [1].

Joint working may be a good thing if it brings action to improve the health, care and welfare of the people in these institutions.

What it must not mean, is less frequent, independent, or less comprehensive reports by the HMIP which covers a wider area of inspection than CQC might.

Pregnant women, women who have been trafficked, torture victims: [added March 2: see Channel 4 on #Yarlswood] people are not getting the specialist support or care they should. Their carers and NHS staff are not universally getting specialist training they need.

Public pressure and transparency should support the campaign organisations who are familiar with these issues and demand change through MPs. There are big questions for IRCs whether people should be there at all, pregnant women and children even more so.

But specifically on health and welfare issues I would like to ask:

  • MPs: if they are aware already, of The Tavistock Institute Report [2],  government response, and ask for action, not only in IRCs but across all detention settings (incl. indefinite detention)
  • Ask: ‘is the parity of mental health delayed yet again, for people in prison and anyone in IRCs’? [ref the NHS Guidance to Mental Health Access  and Standards for 2015/16 from 12th February]
  • Ask: ‘What will the NHS England awarded multi-million contract for healthcare at a number of detention centres to G4S and separately in prisons mean for standards and continuity of their NHS care?’
  • Ask: ‘What training does NHS England offer healthcare staff who work with these people and how is it universally applied?’
  • Ask: ‘How is the provision of quality medical care being assessed and well documented changes needed actually acted upon’?
  • Ask: why are reports [as outlined in a letter from John Vine CBE QPM] taking so long to action? “The majority of my reports since January 2014 have been subject to significant delays between submission to the Home Secretary and being laid in parliament”
  • Ask: ‘Why is it deemed NOT in the public interest to ensure that all the providers’ procedures, protocols, the expected standards they operate to, and clear accountability for when they do not,  are transparent and in the public domain?’

The state may have, in places, outsourced the service, but it cannot outsource its responsibilities.

In my research to date, the question that I am left with overwhelmingly is this:

“As a provider of punitive systems, can healthcare and welfare can be delivered “with an equal sense of fairness” through the same outsourced service?”

Are the steps Theresa May refers to in the recently announced Shaw review, an indicator of real change?

The reports and reviews over the last ten years listed above seem to have made no difference to the unknown man, who set fire to his stuff, on the Saturday evening of January 31st 2015 at Brook House.

Parliament is well aware of many failings already. [9] and there are known others which are yet to be made public. [10]

Since 2010 through June 2013 the HMIP reports clearly identify issues but what follow though is made and who is accountable for it?

While there are solutions needed to big philosophical questions that may trouble our conscience, like ‘what kind of country do we want to be to unaccompanied children escaping life threatening situations?’ equally big political questions continue to challenge: ‘How and why do we continue to engage multinationals with unanswered ethical questions on financial and humanitarian practices?’ ‘What hope for refugees and asylum seekers in Greece and what are the wider EU implications, if EU political and economic next steps are unclear?’

For now, for many people who want to take action, it is the small and practical which can be done, in practice. Often small acts which make a difference in the silent and unreported space between desperation and hope, for each person,  each day.  Supporting our NHS staff to ensure they get the specialist situation training they want and continue their invaluable roles in these places. Supporting the visitors’ volunteer groups. You might consider joining them.

Call on our MPs to demand change now, not review after review.

More reviews, reports, consultations and new legislation bills, seem to run in parallel with little, at least little public regard to one another and ignoring the continuity of their calls for change.

They could make a difference with cohesion between the responses and if accountable action were taken.

That needs compunction and oversight of accountable follow up.

Until however long the next review takes to report, and any action is put in place, we might see another fire, for another person; in another prison, or another young offender institution, or another detention centre.

It might be in one near you. It might affect someone you love. It may be a child.

It’s not over dramatic to say: it might be a matter of life or death.

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If you are interested in more detail, read on below after the continue reading break:

A. What happens to someone at an IRC after a fire like this?
B. Review of Welfare & Mental Health at IRCs incl. detention time
C. Brook House, Gatwick Cluster
D. Who is responsible for the healthcare offered at IRCs? The role of NHS England and the CQC
E. Questions on Staffing and use of Force in care
F. Another Review, another Report? Will there be Change?
Conclusion: Burning questions on Immigration Removal Centre healthcare

References

Continue reading Burning questions on Detention Centre healthcare & welfare →